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(영문) 수원지방법원안산지원 2019.04.19 2018가단4857
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 25,657,288 won and 5% per annum from April 12, 2017 to April 19, 2019.

Reasons

1. Basic facts

A. On June 12, 2014, the Plaintiff leased KRW 50,000,00 (hereinafter “the instant loan”) to Defendant B via D, and was drafted and delivered the following loan certificates from Defendant B (hereinafter “the instant loan certificates”).

I have borrowed the above amount: Doz. 50,000,000

( June 12, 2014) as security for the above amount, would provide 5 G G units of new building in Pyeongtaek-si E and 3 lots of new buildings (i.e., officetels for use, full payment, and amount 111,25,000).

Provided, That the above goods shall be kept until September 12, 2014, and they shall not be leaked to the outside, and they shall be immediately invalidated when they are repaid within the period.

I agree with the condition that the above borrowed amount will be transferred to the plaintiff when he/she fails to pay the borrowed amount by September 12, 2014.

B. Defendant C jointly and severally guaranteed the obligation to return the instant loan and signed and sealed the said loan certificate as a joint guarantor.

C. The Plaintiff, via D, received KRW 30,000,000 from the Defendants over five times from June 13, 2014 to April 11, 2017 as follows.

The amount of the date KRW 5,00,000 on December 26, 2015.25, 2015.25,000,000 on December 26, 2015. 10,000,000 on November 10, 2016.08.00,000 won on November 10, 2017.02. 16.05,000,000 won [based on recognition] 5,00,000,000 on Nov. 5, 2017.0] without any dispute, each entry in Gap evidence Nos. 1-3 (including additional numbers), the purport of the entire pleadings, as well as the purport of

2. Assertion and determination

A. The gist of the assertion 1) The loan of this case was 24% interest agreement per annum on the loan of this case. However, since the Defendants paid 30,00,000 won in succession as above, the above amount shall be fully appropriated for 33,961,644 won with interest and delay damages incurred during the same period. Therefore, the Defendants jointly and severally are liable to pay to the Plaintiff the damages for delay calculated at the rate of 24% per annum from April 12, 2017 to the date of full payment of the principal amount of KRW 50,000,000 with interest and delay damages incurred during the same period.

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